1620000386 DLP Printer.pdf

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SV0222-26 Digital License Plate Printer

SAM.gov Solicitation Posting: 08/03/2026 Questions Deadline: 8/11/2026 5PM EST Proposal Deadline: 8/21/2026 2PM EST

Terms of delivery are f.o.b. origin to:

Unicor, Federal Prison Industries, Inc.

14601 Burbridge Road se Cumberland, MD 21502

Solicitation is issued as a one-time purchase, firm fixed price procurement.

Questions pertaining to this solicitation will only be addressed in writing via email to:

Wesley.newell2@usdoj.gov.

For a list, description and total estimated quantities of all items, refer to Section B.

Vendors shall submit signed and dated offers by email to: Wesley.Newell2@usdoj.gov OMB Clearance 1103-0018.

Offer must indicate Solicitation No. SV0222-26, time specified for receipt of offer, name, address and telephone number of Offeror, technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation, terms of any expressed warranty, price and any discount terms. Offer must include acknowledgment of all amendments, if any.

THE FOLLOWING INFORMATION IS REQUIRED TO BE COMPLETED BY THE

OFFEROR:

SAM UNIQUE ENTITY NUMBER:_______________________________________

VENDOR'S POINT OF CONTACT: _____________________________________

VENDOR'S TELEPHONE NUMBER: _____________________________

VENDOR'S EMAIL ADDRESS: ________________________________________

VENDOR'S BUSINESS SIZE (i.e. SMALL, LARGE, ETC.): __________________

By submission of an offer, the Offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database (System Award Management) prior to submitting a proposal, during performance and through final payment of any contract resulting from this solicitation.

_______________________________________________ Signature

The Administrative Contracting officer is Wesley Newell at Wesley.Newell2@usdoj.gov.

The Contractor shall supply a digital license plate printing system consisting of a printer that will either use inkjet technology to print process color UV-curable polymer ink direct to or thermal transfer ribbon printing technology. This printer shall be capable of printing the license plate image using the four (4) primary printing ink colors cyan, magenta, yellow & black, along with additional functionality for customizable color. The printer should be capable of printing the license plate images in a continuous indexing print queue. The printer will not be connected to agency network.

The printer shall accommodate license plate sheeting substrates wound on and dispensed from a supply roll and shall be capable of accurately printing:

F sheeting.

o High contrast cue marks may be printed as part of the graphic for further processing downstream in a license plate blanking line; and

Full color license plate graphics registered to pre-printed cue marks; and

Variable data registered to pre-printed cue marks on preprinted sheeting.

cores. The roll of sheeting will be loaded onto a supply spindle with may include an air-actuated expansion mandrel to secure the roll. The printed roll will be automatically rewound onto a core installed on a take-up spindle with an air-actuated expansion mandrel. The printer should contain a connection for compressed air if required to operate these mandrels.

The printer may contain a splice table with pneumatically actuated hold-down clamps for fast roll changes, reduced downtime and minimal material waste.

S , color management, and related graphics functions. The software platform will also include a printer management module ing printer setup, calibration, maintenance functionality, and the capability to integrate numbers, font, etc.

The software modules to be supplied the following:

Database Software o Allows for storage of data related plates printed, print jobs in progress, current status, shipping, and orders o

Statement Of Work: DLP Printer o Captures license plate data and content during the production process.

Data Integration Software o Utilize printing templates e database.

o Build a run list comprising entire print jobs printed by the system.

RIP Software o

Print Management Software o Print manager that sends the print jobs to the printer.

o Allows operators to manage and monitor print jobs, get printer status, control printer functions and complete printer maintenance tasks.

o Windows-based User Interface.

functionality with non-network administrator permission

All software should be compatible with the Windows 11 Professional/Enterprise desktop operating system.

permanent external randomized plate number generation and management the following:

-character format of 1 number followed by 2 letters and 4 numbers. For example, 1AE5634, 9BK7812 etc.

The system should include functionality to identify potential duplicates prior to across all license plates produced by the system.

External system data synchronization

The synchronization with an external system. batch synchronization.

o synchronization may be the only option.

The printer should be capable of printing a combination of background graphics and

, text, and barcodes.

Print jobs shall be initiated from the print management component of the software including automated processes and manual print jobs. The print management software will allow users to build, process and manage license plate print jobs as well as to control printer functions, settings and maintenance features. There will be role-based security for controlling user access functionalities in the system.

The printer shall be capable of processing and printing a full roll of 12” standard automobile license plate graphics or 7” motorcycle license plates. The system RIP function placed. This will automate the initiation of the license plate processes. The processing of orders, graphic design, jobs, and tracking should be possible while the printer is printing.

additional components included in the system

Print jobs may be initiated manually by the operator, or automatically by copying a PDF license plate print jobs, including during actual printing.

The system shall be capable of printing at selectable print resolutions of 600 dpi or higher.

If the throughput of the printer changes as the resolution is updated, then the potential ds.

Installation and Testing

The submitted after setup and testing.

during the implementation of computer access restrictions after software

Training

The submitted proposal shall include a description and number of days of operator training to be performed onsite at the Federal Correctional Institution, Cumberland, Maryland. This training shall be conducted with UNICOR machine/software operators.

This training shall include the standard operation of the equipment, as well as end maintenance according to manufacturer recommendations.

troubleshooting.

The proposal package shall also include information regarding the option for additional days of training if desired by UNICOR. The additional onsite training that within 6 months of the initial installation.

o only and is not part of this solicitation or award.

Warranty

The submitted proposal shall include a full description of the warranty, including the terms and conditions, as well as the duration.

manufacturer warranty, any 3rd

Support

The submitted o o Standard response time for telephone support

SECTION B:

Unicor is looking to procure:

One (1) digital license plate printer.

The Contractor shall supply a digital license plate printing system consisting of a printer that will either use inkjet technology to print process color UV-curable polymer ink direct to rolls of reflective license plate sheeting or thermal transfer ribbon printing technology. This printer shall be capable of printing the license plate image using the four (4) primary printing ink colors cyan, magenta, yellow & black, along with additional functionality for customizable color.

The printer should be capable of printing the license plate images in a continuous indexing print queue. The printer will not be connected to agency network.

The printer shall accommodate license plate sheeting substrates wound on and dispensed from a supply roll and shall be capable of accurately printing:

Full color license plate graphics at fixed intervals on blank (unprinted) sheeting.

o High contrast cue marks may be printed as part of the graphic for further processing downstream in a license plate blanking line; and

Full color license plate graphics registered to pre-printed cue marks; and

Variable data registered to pre-printed cue marks on preprinted sheeting.

The printer shall accommodate rolls of reflective license plate sheeting wound on diameter cores. The roll of sheeting will be loaded onto a supply spindle with may include an air-actuated expansion mandrel to secure the roll. The printed roll will be automatically rewound onto a core installed on a take-up spindle with an air-actuated expansion mandrel.

The printer should contain a connection for compressed air if required to operate these mandrels.

The printer may contain a splice table with pneumatically actuated hold-down clamps for fast roll changes, reduced downtime and minimal material waste.

Software included with this system shall provide image processing, color management, and related graphics functions.

The software platform will also include a printer management module, providing printer setup, calibration, maintenance functionality, and the capability to integrate variable data on fixed plate backgrounds to change serial numbers, font, etc.

The software modules to be supplied will also provide the following:

Database Software o Allows for storage of data related plates printed, print jobs in progress, current status, shipping, and orders o Feeds variable data to fields in the license plate template.

o Captures license plate data and content during the production process.

Data Integration Software o Utilize printing templates with fields defined in the database.

o Build a run list comprising entire print jobs printed by the system.

RIP Software o Provides automated utilities to receive and process order files or run list files

Print Management Software o Print manager that sends the print jobs to the printer.

o Allows operators to manage and monitor print jobs, get printer status, control printer functions and complete printer maintenance tasks.

o Windows-based User Interface. 8 of 34

All console software (where a user must be logged in) must be configured and tested for functionality with non-elevated privileges. The software must function without local or network administrator permission unless it runs as a Windows service.

All software should be compatible with the Windows 11 Professional/Enterprise desktop operating system.

All software must function in a “closed” network environment, with no permanent external connectivity required for licensing activation, software functionality, or software updates.

The potential vendor should advise of their capabilities to provide randomized plate number generation and management. Specifically noting the following:

A randomly generated seven-character format of 1 number followed by 2 letters and 4 numbers. For example, 1AE5634, 9BK7812 etc.

Duplicate prevention The system should include functionality to identify potential duplicates prior to printing to prevent duplication across all license plates produced by the system.

External system data synchronization The vendor should provide a solution from file/data transfer for synchronization with an external system. This could be done via APIs and/or file exports with batch synchronization.

o The potential vendor should provide information on both capabilities, as the current system is not planned for any external connectivity, and thus batch synchronization may be the only option.

The printer should be capable of printing a combination of background graphics and variable data, in any order, on demand in process color. This capability shall include the printing of variable license plate content: license plate images, text, and barcodes.

Print jobs shall be initiated from the print management component of the software including automated processes and manual print jobs. The print management software will allow users to build, process and manage license plate print jobs as well as to control printer functions, settings and maintenance features. There will be role-based security for controlling user access to different functionalities in the system.

The printer shall be capable of processing and printing a full roll of 12” standard automobile license plate graphics or 7” motorcycle license plates. The system shall have a RIP function where a specified directory can be configured to be monitored for files being placed. This will automate the initiation of the license plate processes. The processing of orders, graphic design, jobs, and tracking should be possible while the printer is printing.

The vendor should list all software and hardware accessories and additional components included in the system, which would have no additional cost beyond what is quoted.

Print jobs may be initiated manually by the operator, or automatically by copying a PDF print file to a hot folder.

Multiple print files may be queued for the successive printing of license plate print jobs, including during actual printing.

The system shall be capable of printing at selectable print resolutions of 600 dpi or higher. If the throughput of the printer changes as the resolution is updated, then the potential vendor should specify the throughput at each of the resolution standards.

Installation and Testing

The submitted proposal shall include a full description of the installation services that will be provided.

This would include hardware installation, setup, configuration, fine tuning, calibration, and a documented quality control review of the hardware installation after setup and testing.

This would include software installation, configuration, and testing.

This would include collaboration with UNICOR staff on testing and troubleshooting during the implementation of computer access restrictions after software functionality has been tested and verified.

Training The submitted proposal shall include a description and number of days of operator training to be performed onsite at the Federal Correctional Institution, Cumberland, Maryland. This training shall be conducted with UNICOR staff and the machine/software operators.

This training shall include the standard operation of the equipment, as well as end user approved maintenance according to manufacturer recommendations.

This training shall include software installation, configuration, operation, and troubleshooting.

The proposal package shall also include information regarding the option for additional days of training if desired by UNICOR. The additional onsite training that is quoted could be immediately after the included days have been exhausted, or within 6 months of the initial installation.

o Note: This will not be an evaluation factor and is for informational purposes only and is not part of this solicitation or award.

Warranty The submitted proposal shall include a full description of the warranty, including the terms and conditions, as well as the duration.

The proposal shall provide an identification and distinction between the manufacturer warranty, any 3rd party warranty offered by the proposer, if any of the terms, conditions, or duration are different.

Any end user actions that may violate the warranty should also be disclosed.

Support The submitted proposal shall include a full description of the customer service support provided. The description would entail:

o Telephone support provided o Onsite support provided o Email support provided o Standard response time for telephone support o Hours that support is available via telephone or email o Costs for telephone, onsite, and email support outside of warranty coverage, to include travel labor rates and repair labor rates.

PART I: INFORMATION

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; offers are being requested and a written solicitation will not be issued. The solicitation number is SV0222-26 and this solicitation is issued as a Request For Quote (RFQ). The North American Industry Classification System code is 333248 Printing Equipment Manufacturing.

The proposed offer and price should be valid for a minimum of 60 days in order to allow proper evaluation before award.

NOTICE TO GOVERNMENT WHEN CONTRACTOR(S) DELAYS:

In the event the contractor(s) encounter difficulty in meeting performance requirements, or when there is an anticipated difficulty in complying with the delivery terms or completion dates, or whenever the contractor has knowledge that any actual or potential situation is delaying or threatens to delay the timely delivery/performance of this contract, the contractor must immediately notify the Field Administrative Contracting Officers at UNICOR Cumberland or in writing, giving pertinent details. This information will not be construed as a waiver by the Government of the required delivery schedule, or the Governments rights to impose consideration against delinquencies or other remedies provided by this contract.

INVOICES ARE TO BE EMAILED TO:

Accounts.payable@usdoj.gov

PART II: FAR CLAUSES

52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020) 10 of 34

Alternate I (Nov 2021). As prescribed in 3.503-2 , substitute the following paragraph in place of paragraph (b) of the basic clause:

(b) The prohibition in paragraph (a) of this clause does not preclude the Contractor from asserting rights that are otherwise authorized by law or regulation. For acquisitions of commercial products or commercial services, the prohibition in paragraph (a) applies only to the extent that any agreement restricting sales by subcontractors results in the Federal Government being treated differently from any other prospective purchaser for the sale of the commercial product(s) and commercial service(s).

52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.

(Jan 2017) 52.209-6, Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (July 2026) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (July 2026) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (July 2026) 52.212-4, Contract Terms and Conditions - Commercial Products And Commercial Services (NOV 2023).

52.219-4, Notice of Price Evaluation preference for HUBZone Small Business Concerns (July 2026) 52.219-8, Utilization of Small Business Concerns (July 2026) 52.219-9, Small Business Subcontracting Plan (July 2026) 52.219-16, Liquidated Damages-Subcontracting Plan (July 2026) 52.222-3, Convict Labor (July 2026)

(a) Except as provided in paragraph (b) of this clause, the Contractor must not employ in the performance of this contract any person undergoing a sentence of imprisonment imposed by any court of a State, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, or the U.S. Virgin Islands.

(b) The Contractor is not prohibited from employing persons—

(1) On parole or probation to work at paid employment during the term of their sentence;

(2) Who have been pardoned or who have served their terms; or

(3) Confined for violation of the laws of any of the States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, or the U.S. Virgin Islands who are authorized to work at paid employment in the community under the laws of such jurisdiction, if-

(i) The worker is paid or is in an approved work training program on a voluntary basis;

(ii) Representatives of local union central bodies or similar labor union organizations have been consulted;

(iii) Such paid employment will not result in the displacement of employed workers, or be applied in skills, crafts, or trades in which there is a surplus of available gainful labor in the locality, or impair existing contracts for services;

(iv) The rates of pay and other conditions of employment will not be less than those paid or provided for work of a similar nature in the locality in which the work is being performed; and

(v) The Attorney General of the United States has certified that the work-release laws or regulations of the jurisdiction involved are in conformity with the requirements of Executive Order11755, as amended by Executive Orders 12608 and 12943.

(End of clause) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Deviation Date) 52.222-35 Equal Opportunity for Veterans.

Equal Opportunity for Veterans

(a) Definitions. As used in this clause-

"Active duty wartime or campaign badge veteran," "Armed Forces service medal veteran," "disabled veteran," "protected veteran," "qualified disabled veteran," and "recently separated veteran" have the meanings given at Federal Acquisition Regulation (FAR) 22.1301.

(b) Equal opportunity requirements. The Contractor must abide by the requirements of 38 U.S.C.

4212(a)(1) and (2). These requirements prohibit discrimination against qualified protected veterans and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans.

(c) Subcontracts. The Contractor must insert the terms of this clause in subcontracts valued at or above the threshold specified in FAR 22.1302-1(a)(2) on the date of subcontract award, unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor must act as specified by the Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

(End of clause) 52.222-36, Equal Opportunity for Workers with Disabilities (July 2026) 52.222-37, Employment Reports on Veterans (July 2026) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (July 2026) 52.222-50, Combating Trafficking in Persons (July 2026) 52.222-90, Addressing DEI Discrimination by Federal Contractors (July 2026) 52.223-23, Sustainable Products (July 2026)

52.225-5, Trade Agreements (July 2026)

52.225-6, Trade Agreement Certificate (July 2026)

52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (MAY 2024)

52.229-11, Tax on Certain Foreign Procurements – Notice and Representation (July 2026)

52.229-12, Tax on Certain Foreign Procurements (July 2026)

52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018)

52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023)

52.233-3 Protest After Award (July 2026)

52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) 52.240-91, Security Prohibitions and Exclusions (July 2026) 52.240-93, Basic Safeguarding of Covered Contractor Information Systems (July 2026) 52.244-6, Subcontracts for Commercial Products and Commercial Services (July 2026) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (July 2026) 52.252-2, Clauses Incorporated By Reference (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): 12 of 34

___________www.acquisition.gov__________________

52.252-6, Authorized Deviation in Clauses (NOV 2020).

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any Local Level Economic Price Adjustment clause (48 CFR Chapter 16) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation. (END OF CLAUSE)

DOJ-01 Whistleblower Information Distribution (OCT 2021)

Within 30 days of contract award, the contractor and its subcontractors must distribute the “Whistleblower Information for Employees of DOJ Contractors, Subcontractors, Grantees, or Sub- Grantees or Personal Services Contractors” (“Whistleblower Information”) document to their employees performing work in support of the products and services delivered under this contract (https://oig.justice.gov/sites/default/files/2020-04/NDAA-brochure.pdf). By agreeing to the terms and conditions of this contract, the prime contractor acknowledges receipt of this requirement, in accordance with 41 U.S.C. § 4712 and FAR 3.906 & 52.203-17, and commits to distribution.

Within 45 days of award, the contractor must provide confirmation to the contracting officer verifying that it has distributed the whistleblower information as required.

(End of Clause)

DOJ-02 Contractor Privacy Requirements (JAN 2022)

A. Limiting Access to Privacy Act and Other Sensitive Information

(1) Privacy Act Information

In accordance with FAR 52.224-1 Privacy Act Notification (APR 1984) and FAR 52.224-2 Privacy Act (APR 1984), if this contract requires Contractor personnel to have access to information protected by the Privacy Act of 1974, the contractor is advised that the relevant DOJ system of records notices (SORNs) applicable to this Privacy Act information may be found at https://www.justice.gov/opcl/doj-systems-records.1 Applicable SORNs published by other agencies may be accessed through those agencies’ websites or by searching the Federal Digital System (FDsys) available at http://www.gpo.gov/fdsys/. SORNs may be updated at any time.

(2) Prohibition on Performing Work Outside a Government Facility/Network/Equipment

Except where use of Contractor networks, IT, other equipment, or Workplace as a Service (WaaS) is specifically authorized within this contract, the Contractor shall perform all tasks on authorized Government networks, using Government-furnished IT and other equipment and/or WaaS and Government information shall remain within the confines of authorized Government networks at all times. Any handling of Government information on Contractor networks or IT must be approved by the Senior Component Official for Privacy of the component entering into this contract. Except where remote work is specifically authorized within this contract, the Contractor shall perform all tasks described in this document at authorized Government facilities; the Contractor is prohibited from performing these tasks at or removing Government-furnished information to any other facility; and Government information shall remain within the confines of authorized Government facilities at all times. Contractors may only access classified materials on government furnished equipment in authorized government owned facilities regardless of remote work authorizations.

(3) Prior Approval Required to Hire Subcontractors

The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (Subcontractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under or relating to this contract. The Contractor (and any Subcontractor) is required to abide by Government and Agency guidance for protecting sensitive and proprietary information.

(4) Separation Checklist for Contractor Employees

The Contractor shall complete and submit an appropriate separation checklist to the Contracting Officer before any employee or Subcontractor employee terminates working on the contract. The Contractor must submit the separation checklist on or before the last day of employment or work on the contract. The separation checklist must verify: (1)

1 “[T]he term ‘record’ means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, his education, financial transactions, medical history, and criminal or employment history and that contains his name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph.” 5 U.S.C. § 552a(a)(4). “[T]he term ‘system of records’ means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual.” 5 U.S.C. § 552a(a)(5).

return of any Government-furnished equipment; (2) return or proper disposition of personally identifiable information (PII)2, in paper or electronic form, in the custody of the employee or Subcontractor employee including the sanitization of data on any computer systems or media as appropriate; and (3) termination of any technological access to the Contractor’s facilities or systems that would permit the terminated employee’s access to PII or other sensitive information.

In the event of adverse job actions resulting in the dismissal of a Contractor or Subcontractor employee before the separation checklist can be completed, the Prime Contractor must notify the Contracting Officer within 24 hours and confirm receipt of the notification. In the case the Contractor is unable to notify the Contracting Officer, then the Contractor should notify the Contract Officer’s Representative (COR).

Contractors must complete the separation checklist with the Contracting Officer or COR by returning all Government-furnished property including, but not limited to, computer equipment, media, credentials and passports, smart cards, mobile devices, Personal Identity Verification (PIV) cards, calling cards, and keys and terminating access to all user accounts and systems. Unless the Contracting Officer requests otherwise, the relevant Program Manager or other Key Personnel designated by the Contracting Officer or COR may facilitate the return of equipment.

B. Privacy Training, Safeguarding, and Remediation

(1) Required Security and Privacy Training for Contractors

The Contractor must ensure that all employees take appropriate privacy training, including Subcontractors who have access to PII as well as the creation, use, dissemination and/or destruction of PII at the outset of the employee’s work on the contract and every year thereafter. Training must include procedures on how to properly handle PII, including heightened security requirements for the transporting or transmission of sensitive PII, and reporting requirements for a suspected breach or loss of PII. These courses, along with more information about DOJ security and training requirements for Contractors, are available at https://www.justice.gov/jmd/learndoj. The Federal Information Security Modernization Act of 2014 (FISMA) requires all individuals accessing DOJ information to complete training on records management, cybersecurity awareness, and information system privacy awareness. Contractor employees are required to sign the “Privacy Rules of Behavior,” acknowledging and agreeing to abide by privacy law, policy, and certain privacy safeguards, prior to accessing DOJ information. These Rules of Behavior are made available to all new users of DOJ’s computer network and to trainees at the conclusion of DOJ-OPCL-CS-0005.

The Contractor should maintain copies of certificates as a record of compliance and must submit an email notification annually to the COR verifying that all employees working under this contract have completed the required privacy and cybersecurity training.

(2) Safeguarding PII Requirements

Contractor employees must comply with DOJ Order 0904 and other guidance published to the publicly-available Office of Privacy and Civil Liberties (OPCL) Resources page3 relating to the safeguarding of PII, including the use of additional controls to safeguard sensitive PII (e.g., the encryption of sensitive PII). This requirement flows down from the Prime Contractor to all Subcontractors and lower tiered subcontracts.

(3) Non-Disclosure Agreement Requirement

Prior to commencing work, all Contractor personnel that may have access to PII or other sensitive information shall be required to sign a Non-Disclosure Agreement (NDA) and the DOJ IT Rules of Behavior. The Non-Disclosure Agreement:

a) prohibits the Contractor from retaining or divulging any PII or other sensitive information, or derivatives therefrom, furnished by the Government or to which they may otherwise come in contact as a result of their performance of work under the contract/task order that is otherwise not publicly available, whether or not such information has been reduced to writing; and

b) requires the Contractor to report any loss of control, compromise, unauthorized disclosure, or unauthorized acquisition of PII or other sensitive information to the component-level or headquarters Security Operations Center within one (1) hour of discovery.

The Contractor should maintain signed copies of the NDA for all employees as a record of compliance. The Contractor should also provide copies of each employee’s signed NDA to the Contracting Officer before the employee may commence work under the contract/task order.

(4) Prohibition on Use of PII in Vendor Billing and Administrative Records

The Contractor’s invoicing, billing, and other financial or administrative records or databases is not authorized to regularly store or include any sensitive PII or other confidential government information that is created, obtained, or provided during the performance of the contract without the written permission of the Senior Component Official for Privacy (SCOP). It is acceptable to list the names, titles and contact information for the Contracting Officer, COR, or other personnel associated with the administration of the contract in the invoices as needed.

(5) Reporting Actual or Suspected Data Breach

Contractors must report any actual or suspected breach of PII within one hour of discovery.4 A “breach” is an incident or occurrence that involves the loss of control, compromise, unauthorized disclosure, unauthorized acquisition, or any similar occurrence where: (1) a person other than an authorized user accesses or potentially accesses PII or (2) an authorized user accesses or potentially accesses PII for an other than authorized purpose. The report of a breach must be made to DOJ. The Contractor must cooperate with DOJ’s inquiry into the incident and efforts to minimize risks to DOJ or individuals, including remediating any harm to potential victims.

a) The Contractor must develop and maintain an internal process by which its employees and Subcontractors are trained to identify and report the breach, consistent with DOJ Instruction 0900.00.015, Reporting and Response Procedures for a Breach of Personally Identifiable Information.

b) The Contractor must report any such breach by its employees or Subcontractors to the DOJ Security Operations Center (dojcert@usdoj.gov, 202-357-7000);

Component-level Security Operations Center and Component-level Management Team, where appropriate; the COR; and the Contracting Officer within one (1) hour of the initial discovery.

c) The Contractor must provide a written report to the DOJ Security Operations

Center (dojcert@usdoj.gov, 202-357-7000) within 24 hours of discovery of the breach by its employees or Subcontractors. The report must contain the following information:

i. Narrative or detailed description of the events surrounding the suspected loss or compromise of information.6 Date, time, and location of the incident.

ii. Amount, type, and sensitivity of information that may have been lost or compromised, accessed without authorization, etc.

iii. Contractor’s assessment of the likelihood that the information was compromised or lost and the reasons behind the assessment.7

iv. Names and classification of person(s) involved, including victim, Contractor employee/Subcontractor and any witnesses.

v. Cause of the incident and whether the company’s security plan was followed and, if not, which specific provisions were not followed.8

vi. Actions that have been or will be taken to minimize damage and/or mitigate further compromise.

vii. Recommendations to prevent similar situations in the future, including whether the security plan needs to be modified in any way and whether additional training may be required.

d) The Contractor shall provide full access and cooperation for all activities determined by the Government to be required to ensure an effective incident response, including providing all requested images, log files, and event information to facilitate rapid resolution of sensitive information incidents.

e) At the Government’s discretion, Contractor employees or Subcontractor employees may be identified as no longer eligible to access PII or to work on that contract based on their actions related to the loss or compromise of PII.

(6) Victim Remediation

At DOJ’s request, the Contractor is responsible for notifying victims and providing victim remediation services in the event of a breach of PII held by the Contractor, its agents, or its Subcontractors, under this contract. Victim remediation services shall include at least 18 months of credit monitoring and, for serious or large incidents as determined by the Government, call center help desk services for the individuals whose PII was lost or compromised. When DOJ requests notification, the Department Chief Privacy and Civil Liberties Officer and SCOP will direct the Contractor on the method and content of such notification to be sent to individuals whose PII was breached. By performing this work, the Contractor agrees to full cooperation in the event of a breach.

The Contractor should be self-insured to the extent necessary to handle any reasonably foreseeable breach, with another source of income, to fully cover the costs of breach response, including but not limited to victim remediation.

C. Government Records Training, Ownership, and Management

(1) Records Management Training and Compliance

a) The Contractor must ensure that all employees and Subcontractors that have access to PII as well as to those involved in the creation, use, dissemination and/or destruction of PII take the DOJ Records and Information Training for New Employees (RIM) training course or another training approved by the Contracting Officer or COR. This training will be provided at the outset of the Subcontractor’s/employee’s work on the contract and every year thereafter. The

Contractor shall maintain copies of certificates as a record of compliance and must submit an email notification annually to the COR verifying that all employees working under this contract have completed the required records management training.

b) The Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records containing PII and those covered by the Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format, mode of transmission, or state of completion.

(2) Records Creation, Ownership, and Disposition

a) The Contractor shall not create or maintain any records not specifically tied to or authorized by the contract using Government IT equipment and/or Government records or that contain Government Agency information. The Contractor shall certify, in writing, the appropriate disposition or return of all Government information at the conclusion of the contract or at a time otherwise specified in the contract. In accordance with 36 CFR 1222.32, the Contractor shall maintain and manage all Federal records created in the course of performing the contract in accordance with Federal law. Records may not be removed from the legal custody of DOJ or destroyed except in accordance with the provisions of the agency records schedules.

b) Except as stated in the Performance Work Statement and, where applicable, the

Contractor’s Commercial License Agreement, the Government Agency owns the rights to all electronic information (electronic data, electronic information systems or electronic databases and all supporting documentation and associated metadata created as part of this contract. All deliverables (including all data and records) under the contract are the property of the U.S. Government and may be considered federal records, for which the Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein. The Contractor must deliver sufficient technical documentation with all data deliverables to permit the agency to use the data.

c) The Contractor shall not retain, use, sell, disseminate, or dispose of any government data/records or deliverables without the express written permission of the Contracting Officer or Contracting Officer’s Representative. The Agency and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. § 2701. Records may not be removed from the legal custody of the Agency or destroyed without regard to the provisions of the Agency records schedules.

D. Data Privacy and Oversight

(1) Restrictions on Testing or Training Using Real Data Containing PII

The use of real data containing PII from any source for testing or training purposes is generally prohibited. The Contractor shall use synthetic or de-identified real data for testing or training whenever feasible.

(2) Requirements for Contractor IT Systems Hosting Government Data

The Contractor is required to obtain an Authority To Operate (ATO) for any IT environment owned or controlled by the Contractor or any Subcontractor on which Government data shall reside for the purposes of IT system development, design, data migration, testing, training, maintenance, use, or disposal.

(3) Requirement to Support Privacy Compliance

a) If this contract requires the development, maintenance or administration of information technology9, the Contractor shall support the completion of the Initial Privacy Assessment (IPA) document, if requested by Department personnel. An IPA is the first step in a process to identify potential privacy issues and mitigate privacy risks. The IPA asks basic questions to help components assess whether additional privacy protections may be needed in designing or implementing a project10 to mitigate privacy risks, and whether compliance work may be needed. Upon review of the IPA, the OPCL determines whether a Privacy Impact Assessment (PIA) document and/or SORN, or modifications thereto, are required. The Contractor shall provide adequate support to complete the applicable risk assessment and PIA document in a timely manner, and shall ensure that project management plans and schedules include the IPA, PIA, and SORN (to the extent required) as milestones. Additional information on the privacy compliance process at DOJ, including IPAs, PIAs, and SORNs, is located on the DOJ OPCL website (https://dojnet.doj.gov/privacy/), including DOJ Order 0601, Privacy and Civil Liberties. The Privacy Impact Assessment Guidance and Template outline the requirements and format for the PIA.

b) If the contract involves an IT system build or substantial development or changes to an IT system that may require privacy risk assessment and documentation, the Contractor shall provide adequate support to DOJ to ensure DOJ can complete any required assessment, and IPA, PIA, SORN, or other supporting documentation to support privacy compliance. The Contractor shall work with personnel from the program office, OPCL, the Office of the Chief Information Officer (OCIO), and the Office of Records Management and Policy to ensure that the privacy assessments and documentation are kept on schedule, that the answers to questions in the documents are thorough and complete, and that questions asked by the OPCL and other offices are answered in a timely fashion.

The Contractor must ensure the completion of required PIAs and documentation of privacy controls consistent with federal law and standards, e.g. NIST 800-53, Rev. 5; and compliance with the Privacy Act of 1974, E-Government Act of 2002, Federal Information Security Modernization Act of 2014, and key OMB guidelines, e.g., OMB Circular A-130.

(End of Clause) DOJ-05 Security of Department Information and Systems (OCT 2023) I. Applicability to Contractors and Subcontractors Section 2839.102 of the Justice Acquisition Regulation (JAR), (48 C.F.R. § 2839.102), applies to this contract. Accordingly, all contractors are obligated to comply with all applicable DOJ security policies, directives, or guidance documents, including the security requirements in the provisions in this contract clause. This contract clause applies to all contractors and subcontractors, including cloud service providers (“CSPs”), and personnel of the contractors and subcontractors (hereinafter collectively, “Contractor”) that may access, collect, store, process, maintain, use, share, retrieve, disseminate, transmit, or dispose of DOJ Information. The security requirements set forth herein are in addition to those required by the Federal Acquisition Regulation (“FAR”), and any other applicable laws, mandates, contract clauses, DOJ policies, directives or guidance documents and Executive Orders pertaining to the development and operation of Information Systems and/or the protection of Government Information. This clause does not alter or diminish any existing rights, obligations, or liability under any other civil and/or criminal law, rule, regulation, or mandate.

II. General Definitions The following general definitions apply to this clause. Specific definitions also apply as set forth in other paragraphs.

A. Authorization to Operate (“ATO”), as defined in National Institute of Standards and Technology (“NIST”) Special Publication (“SP”) 800-37 Revision 2, is the official management decision given by a senior Federal official or officials to authorize operation of an information system and to explicitly accept the risk to agency operations (including mission, functions, image, or reputation), agency assets, individuals, other organizations, and the Nation based on the implementation of an agreed-upon set of security and privacy controls.

B. Cloud Computing, as defined in DOJ Order 0904 Cybersecurity Program, is a model for enabling ubiquitous, convenient, on-demand network access to a shared pool of configurable computing resources (e.g., networks, servers, storage, applications, and services) that can be rapidly provisioned and released with minimal management effort or service provider interaction. This cloud model is composed of five essential characteristics, three service models, and four deployment models in accordance with NIST SP 800-145.

U.S. Department of Justice Departmental Provisions and Clauses C. Covered Contract is any contract, order or other agreement under which the contractor, or a subcontractor at any tier, including a cloud service provider, may access, collect, store, process, maintain, use, share, retrieve, disseminate, transmit, or dispose of DOJ Information (as defined below) in the course of providing a product or service to the Department, with the exception of acquisitions under the micro-purchase threshold.

D. Covered Information System means any information system used for, involved with, or allowing, the processing, storing, or transmitting of DOJ Information under a Covered Contract.

E. Data means recorded information, regardless of form or the media on which it may be recorded. The term includes technical data, computer software, and personally identifiable information (PII) (defined below). The term does not include information incidental to contract administration, such as financial, administrative, cost or pricing, or management information.

F. DOJ Information, as defined in DOJ Order 0904, means any Information that is owned, produced, controlled, protected by, or otherwise within the custody or responsibility of the DOJ, including, without limitation, information related to DOJ programs or personnel. It includes, without limitation, Information (1) provided by or generated for the DOJ, (2) managed or acquired by the Contractor for the DOJ in connection with the performance of the contract, and/or (3) acquired to perform the contract.

G. Information, as defined in DOJ Order 0904, is any communication or representation of knowledge such as facts, data, or opinions, in any form or medium, including textual, numerical, graphic, cartographic, narrative, or audiovisual. This includes any communication or representation of knowledge in an electronic format that allows it to be stored, retrieved, or transmitted.

H. Information System, means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502(8)).

I. Personally Identifiable Information (“PII”), as defined in the FAR 24.101, means information that can be used to distinguish or trace an individual's identity, either alone or when combined with other information that is linked or linkable to a specific individual. It includes but is not limited to common data elements such as names, addresses, dates of birth, and places of employment, to identity documents, Social Security numbers or other government-issued identifiers, precise location information, medical history, and biometric records.